Victorian Numbered Regulations Victorian Numbered Regulations(1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.
Penalty: 10 penalty units.
Note
Bus and motor vehicle are defined in the Road Safety Act 1986 , and motor bike and park are defined in the dictionary.
(2) If the passenger is less than 6 months old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.
Notes
1 Approved child restraint is defined in subrule (7) and rearward facing is defined in subrule (6A).
2 See subrule (4B) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
(2A) If the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted—
(a) rearward facing approved child restraint; or
(b) forward facing approved child restraint that has an inbuilt harness.
Notes
1 Approved child restraint is defined in subrule (7) and forward facing and rearward facing are defined in subrule (6A).
2 See subrule (4C) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
(2B) If the passenger is 4 years old or older, but is less than 7 years old, he or she must—
(a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or
(ba) be placed in a seating position in accordance with rule 268(4B) and be restrained in—
(i) a suitable and properly fastened and adjusted lap and sash type seatbelt; or
(ii) a lap type seatbelt fitted with an approved child safety harness; or
(b) be placed on a properly positioned approved booster seat and be restrained by a seatbelt that is properly adjusted and fastened.
Notes
1 Approved child restraint and approved booster seat are defined in subrule (7) and forward facing is defined in subrule (6A).
2 See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.
3 In relation to paragraph (b), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.
(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.
(3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless all of the other seats in the row or rows behind the front row are occupied by passengers who are also under 7 years old.
(4) If the passenger is 7 years old or older but under 16 years old—
(a) he or she must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or
(b) he or she—
(i) must occupy a seating position that is fitted with a suitable seatbelt; and
(ii) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and
(iii) must wear the seatbelt properly adjusted and fastened.
Note
In relation to paragraph (b)(iii), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.
(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.
(4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.
(4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.
(4D) If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.
(4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subrule (2B)(b) or (4)(b)(iii), as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.
Note
Approved child safety harness is defined in subrule (7).
(5) Subject to subrule (5A), the driver of a public minibus or taxi is exempt from subrules (2), (2A) and (2B) in relation to a passenger if—
(a) there is no suitable
approved child restraint available in the minibus or taxi for the passenger;
and
(b) if the minibus or taxi has 2 or more rows of seats—the passenger is not in the front row of seats.
Note
Public minibus and taxi are defined in the dictionary.
(5A) If a passenger, in relation to whom subrule (5) applies, is at least 1 year old but under 7 years old, and not exempt from wearing a seatbelt under rule 267, the passenger must occupy a seating position fitted with a suitable seatbelt and wear the seatbelt properly adjusted and fastened.
(6) For this rule—
(a) an approved child restraint is available in the motor vehicle for a passenger if an approved child restraint is fitted in the vehicle and is not occupied by someone else under 16 years old; and
(b) an approved child restraint or seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by the passenger.
(6A) For this rule, a child restraint that is properly fastened and adjusted—
(a) is forward facing if, once it restrains a passenger, his or her head is closer to the rear of the vehicle than his or her feet;
(b) is rearward facing if, once it restrains a passenger, his or her feet are closer to the rear of the vehicle than his or her head.
(7) In this rule—
"approved booster seat" means a booster seat approved, for these Rules, by the Corporation by notice in the Government Gazette;
"approved child restraint" means a child restraint approved, for these Rules, by the Corporation by notice in the Government Gazette;
"approved child safety harness "means a child safety harness approved, for these Rules, by the Corporation by notice in the Government Gazette.